Effective date: August 10, 2026 / Last updated: August 10, 2026
These Terms of Service are a legal agreement between you and Trafexo Inc., an Ontario, Canada corporation based in Toronto, Ontario. In these Terms, "Trafexo," "we," "us," and "our" mean Trafexo Inc. "You," "your," and "Client" mean the business, organization, or other legal entity that uses our website or engages us for services.
By accessing or using Trafexo's public website, requesting a free growth plan, accepting a proposal, approving a quote or statement of work, paying an invoice, or otherwise engaging Trafexo for services, you agree to these Terms.
These Terms are intended for business-to-business use. You confirm that you are using the website and any Trafexo services for business purposes, not for personal, household, or consumer purposes. If you accept these Terms on behalf of a company or other organization, you confirm that you have authority to bind that organization.
These Terms govern both your use of Trafexo's website and the default terms for client engagements with Trafexo.
For each paid engagement, the specific scope, deliverables, fees, timelines, assumptions, and any special terms will be set out in a written proposal, quote, statement of work, order form, or similar written document. In these Terms, that document is called a "Statement of Work" or "SOW."
If there is a conflict between these Terms and an SOW, the SOW will control for that specific engagement. These Terms continue to apply to any issue not addressed in the SOW.
Our Privacy Policy explains how we collect, use, disclose, and protect personal information. The Privacy Policy is separate from these Terms and should be read together with them.
Trafexo is a performance marketing consultancy. Our services may include managed paid advertising, website and ecommerce design and builds, SEO services, Site Care & Support, Launch & Setup, the Marketing Decision Review, and free growth plans.
Managed paid advertising, SEO services, and Site Care & Support are usually provided as monthly services. Website and ecommerce design and builds are usually provided as fixed-price projects. Launch & Setup is a one-time advertising and tracking setup service. The Marketing Decision Review is a one-time paid independent marketing audit at a fixed fee, subject to the qualification condition in Section 10. A free growth plan is a no-cost, no-obligation marketing assessment, subject to Section 11.
Trafexo is only responsible for the services expressly included in the applicable SOW. Any work outside the agreed scope requires written agreement and may require additional fees, timelines, or assumptions.
The Trafexo website is provided for general business information, communication, and service inquiry purposes. You may use the website only for lawful purposes and in a way that does not interfere with the website, our systems, or other users.
You must not scrape, crawl, harvest, copy, or extract website content or data except as permitted by law. You must not attempt to gain unauthorized access to the website, our systems, or any connected service. You must not introduce malware, overload the website, interfere with its operation, bypass security measures, or use the website for any unlawful, misleading, abusive, or harmful purpose.
All text, design, code, graphics, layout, and other content on the Trafexo website are owned by Trafexo or its licensors. You may not reproduce, distribute, modify, republish, or commercially use website content without our prior written permission.
You are responsible for giving Trafexo timely access, information, approvals, feedback, credentials, account permissions, and materials reasonably needed to perform the services. This may include access to advertising accounts, analytics tools, website systems, ecommerce systems, domain records, hosting accounts, brand assets, product information, sales information, tracking data, and other business materials.
You are responsible for the accuracy, completeness, and legality of all information, instructions, materials, branding, claims, offers, products, services, customer data, and content you provide to Trafexo. You represent that you have all rights, permissions, and authority needed for Trafexo to use those materials to perform the services.
You are responsible for the legality of your own business, products, services, offers, promotions, advertising claims, website content, privacy notices, consent flows, and customer communications. Trafexo does not provide legal, accounting, tax, investment, or regulatory compliance advice unless an SOW expressly says otherwise, and no marketing recommendation should be treated as legal advice.
If your delays, missing information, missing access, platform issues, approval delays, or changed instructions affect the work, timelines may shift. Trafexo is not responsible for delays or incomplete work caused by issues outside Trafexo's reasonable control.
Fees, billing structure, and payment schedule will be set out in the applicable SOW, quote, proposal, or invoice. Prices published on this website are in Canadian dollars. Fees are billed in Canadian dollars for clients located in Canada and in United States dollars for clients located elsewhere, unless the applicable SOW, quote, or proposal states otherwise.
For an ongoing service billed in United States dollars, the amount is converted using the Bank of Canada daily exchange rate on the date the SOW is signed, and that amount is stated in the SOW and stays the same for the duration of the engagement unless the parties agree otherwise in writing. For project work and one-time services billed in United States dollars, the amount is converted using the Bank of Canada daily exchange rate on the date the invoice is issued.
Unless an SOW says otherwise, fixed-price website, ecommerce, and build projects are billed 50 percent to begin and 50 percent on completion. Larger projects may be split into written milestones. For payment purposes, completion means Trafexo has substantially completed the agreed deliverables for the project, even if launch timing, minor revisions, content entry, platform issues, or client-side approvals remain outstanding.
Unless an SOW says otherwise, managed advertising, SEO services, Site Care & Support, and other ongoing services are billed monthly in advance. You will keep a valid payment method on file with Trafexo for each ongoing service, and you authorize Trafexo to charge that payment method on the first day of each billing period for that period's fees and applicable taxes. Trafexo issues an invoice as a record of each charge. Ongoing services are month-to-month and do not require a long-term contract unless you expressly agree to one in writing.
If a charge fails or is reversed, Trafexo will notify you and may retry the charge, and you must provide a working payment method promptly. The amounts remain due. A failed or reversed charge that you do not correct or dispute in good faith is treated as an unpaid undisputed invoice under Section 18, and an SOW may pause service commitments while a charge remains failed or reversed.
Launch & Setup and the Marketing Decision Review are billed as one-time services unless the applicable SOW says otherwise.
Invoices for project work, one-time services, and any other amounts not charged to a payment method on file are due within 14 days after the invoice date unless the SOW or invoice states a different due date. You are responsible for paying all fees and any applicable taxes shown on Trafexo invoices or required by law.
Client advertising spend is always separate from Trafexo's fees. You are responsible for paying advertising platforms directly for all ad spend and platform charges.
Any promotional credit or discount, such as a Decision Review fee credited toward a later engagement, applies only as described on the applicable offer page, proposal, or SOW, and only where the stated conditions are met.
Clients own their advertising accounts and all data in those accounts. Trafexo works inside client-owned accounts and does not own, restrict, or withhold your access to your campaigns, account data, reporting, creative assets, or performance history.
You are responsible for maintaining ownership, administrative access, billing access, and security for your advertising accounts. You are also responsible for complying with advertising platform policies, laws applicable to your ads, and any requirements that apply to your products, services, claims, landing pages, offers, tracking, and customer data.
Trafexo is not responsible for advertising platform actions or vendor actions, including policy changes, disapprovals, account restrictions, account suspensions, outages, feature changes, reporting changes, bidding changes, cost changes, billing issues, or platform enforcement decisions. Trafexo may advise or assist with platform issues when within scope, but final decisions and access controls are handled by the relevant platform or vendor.
For website and ecommerce builds, the client-specific website code repository transfers to your GitHub account on final payment for the applicable build engagement, together with full usage rights in the client-specific paid deliverables that Trafexo owns and has the right to transfer.
Domains are registered in your name from the start. Hosting, ecommerce platforms, plugins, software subscriptions, analytics tools, email tools, and other third-party services are billed directly to you and remain in your name unless an SOW expressly says otherwise.
You are responsible for maintaining your own domain registrations, hosting accounts, third-party accounts, renewals, payment methods, account security, platform compliance, and vendor terms. Trafexo may assist with setup, configuration, or support when included in the SOW, but third-party services remain governed by their own terms and policies.
You retain ownership of materials you provide to Trafexo, including your trademarks, brand assets, product information, business information, website content, customer data, and other client materials. You grant Trafexo a limited, non-exclusive right to use those materials as needed to perform the services.
Upon final payment of all amounts due for a paid engagement, Trafexo assigns to you the rights Trafexo owns in the final client-specific deliverables created for you under that paid engagement. This includes client-specific website code and client-specific creative produced for you under the applicable SOW, subject to the exclusions in this Section.
Trafexo's underlying tools, systems, processes, know-how, templates, internal software, methods, workflows, strategies, documentation formats, and methodologies remain Trafexo's exclusive property. No transfer of a deliverable gives you ownership of or rights in Trafexo's underlying tools or internal systems, even if those tools or systems were used to create, manage, or support the deliverable.
Third-party materials, open-source components, vendor tools, platform features, stock materials, integrations, plugins, themes, libraries, and other third-party items remain subject to their own licenses and terms. Trafexo can transfer only the rights Trafexo owns and has the legal right to transfer.
The Marketing Decision Review is a one-time paid independent marketing audit at a fixed fee. Its purpose is to provide a defensible marketing verdict based on available advertising data, tracking, account structure, performance information, and business context.
The Marketing Decision Review is subject to a qualification condition. If Trafexo determines, in its reasonable professional judgment, that there is not enough real ad spend, working tracking, or usable account data to form a defensible verdict, you will not pay for the Marketing Decision Review. If you already paid the fixed fee before that determination, Trafexo will refund that fee. Trafexo may instead offer you the free growth plan described in Section 11.
The Marketing Decision Review reflects Trafexo's professional opinion based on the information available at the time. It is not a guarantee of rankings, traffic, leads, sales, revenue, ROAS, profitability, or any other outcome.
The free growth plan is a no-cost, no-obligation marketing assessment. It may include observations, ideas, recommendations, or general guidance based on the information available to Trafexo.
A free growth plan does not require you to buy anything from Trafexo, and it does not require Trafexo to accept you as a client. It is general business and marketing guidance, not a guarantee of results, not a complete audit, and not legal, accounting, tax, or regulatory advice.
Trafexo will use commercially reasonable efforts to perform the services within the agreed scope. However, Trafexo does not guarantee any specific marketing, advertising, SEO, sales, revenue, ranking, traffic, lead, conversion, ROAS, profitability, or growth result.
Marketing and SEO outcomes depend on many factors outside Trafexo's control, including market conditions, competition, advertising budgets, platform algorithms, search engine changes, auction dynamics, tracking accuracy, website performance, product-market fit, sales operations, offer quality, customer behaviour, client approvals, client inputs, and third-party platform decisions.
No forecast, estimate, recommendation, benchmark, strategy, report, audit, or growth plan is a promise that any result will occur.
Each party may receive non-public business, technical, financial, marketing, customer, operational, strategic, or other confidential information from the other party. The receiving party must use the disclosing party's confidential information only for the purposes of the engagement and must protect it using reasonable care.
Confidential information does not include information that is publicly available without breach of these Terms, already known to the receiving party without a confidentiality obligation, independently developed without use of the confidential information, or lawfully received from another source without a confidentiality obligation.
A party may disclose confidential information to its employees, contractors, professional advisors, and service providers who need to know it for the engagement and are bound by confidentiality obligations. A party may also disclose confidential information if required by law, court order, or government authority, provided that it gives the other party notice when legally permitted.
The confidentiality obligations in this Section survive the end of any engagement for as long as the information remains non-public and confidential.
Trafexo's collection, use, disclosure, and protection of personal information are described in the Privacy Policy.
You must not provide Trafexo with personal information unless you have the right to do so and unless the information is reasonably needed for the services. You are responsible for your own privacy notices, consents, cookie notices, tracking disclosures, customer permissions, and legal basis for collecting and using customer or user data, except to the extent an SOW expressly assigns a specific task to Trafexo.
If an engagement requires a data processing agreement, cross-border transfer terms, or other privacy-specific addendum, it must be agreed in writing.
By providing a mobile number to Trafexo and consenting to receive text messages, you agree that Trafexo may send transactional or service SMS messages to that number. These messages may include scheduling messages, meeting reminders, service updates, and support-related messages.
Consent to receive SMS messages is not a condition of purchase. Message frequency varies. Message and data rates may apply.
You may opt out of SMS messages by replying STOP. After you reply STOP, Trafexo may send one confirmation message confirming that you have opted out. After that, you will not receive further SMS messages from that program unless you consent again.
For help, reply HELP or contact Trafexo at contact@trafexo.com.
Carriers are not liable for delayed or undelivered messages. For more information about how Trafexo handles SMS-related personal information, see the Privacy Policy.
Trafexo may send marketing emails or other commercial electronic messages only with consent or as otherwise permitted by applicable law, including Canada's Anti-Spam Legislation. Marketing communications will include an unsubscribe mechanism where required.
You can unsubscribe from marketing emails using the unsubscribe link in the message or by contacting contact@trafexo.com. Service, billing, transactional, legal, and account-related communications are not marketing communications and may still be sent where necessary for the engagement or permitted by law.
Trafexo's services often involve third-party platforms and vendors, including advertising platforms, analytics tools, hosting providers, website platforms, ecommerce platforms, search engines, domain registrars, payment processors, and software providers.
Trafexo does not control third-party platforms or vendors and is not responsible for their actions, omissions, terms, policies, outages, pricing, account decisions, reporting changes, data availability, enforcement decisions, or service changes. Your use of third-party platforms and vendors is governed by the applicable third-party terms.
Ongoing services are month-to-month unless an SOW says otherwise, and each ongoing service continues until cancelled in accordance with these Terms and the applicable SOW. The applicable SOW, including any schedule that forms part of it, may state a minimum term, a required cancellation notice period, and a cancellation effective date for a specific service. If it does not, either party may end an ongoing service by giving written notice to the other party, and cancellation takes effect at the end of the billing period in which the notice is received. Ending one ongoing service does not end any other service unless the notice expressly says so.
Either party may terminate an engagement if the other party materially breaches these Terms or the applicable SOW and does not cure the breach within 14 days after receiving written notice describing the breach. Non-payment of undisputed invoices is a material breach.
On termination or cancellation, you remain responsible for all fees and taxes for services performed, milestones reached, work completed, and amounts due up to the effective termination date. For fixed-price projects, Trafexo will provide the client-specific work product that has been paid for and is reasonably deliverable in its then-current state, subject to Section 9. Final website repository transfer for a completed website build occurs only after final payment for that build.
After termination, Trafexo may stop providing services and may remove its team members, contractors, or access credentials from your accounts. Trafexo will not withhold your access to your advertising accounts, campaigns, or account data.
Sections that by their nature should survive termination will survive, including payment obligations, confidentiality, intellectual property, client responsibilities, disclaimers, limitation of liability, indemnity, governing law, and dispute resolution.
Build warranty. Trafexo stands behind its website and ecommerce builds. For 12 months after completion of a build, as completion is defined in Section 6, Trafexo will correct any reproducible defect in the build as Trafexo delivered it, at no charge. A defect means a reproducible failure in something Trafexo built, measured against how the build worked, or was agreed to work, when Trafexo delivered it.
This warranty covers Trafexo's own work. It does not cover failures caused by changes made by you or anyone other than Trafexo, your content or instructions, third-party changes, platform, browser, or API changes, unsupported software, expired licences, or dependencies that have reached end of support. The warranty applies once the fees for the build have been paid in full. It is a commitment to correct defects, not a guarantee of any marketing outcome (Section 12).
To make a warranty claim, report the defect to Trafexo in writing during the warranty period with enough detail for Trafexo to reproduce it.
The Trafexo website and all information on the website are provided "as is" and "as available." Trafexo does not warrant that the website will be uninterrupted, error-free, secure, complete, accurate, or current.
Except for the build warranty in this Section and as expressly stated in an SOW, Trafexo provides services without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, Trafexo disclaims all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and course of dealing.
Nothing in these Terms excludes any warranty or liability that cannot be excluded under applicable law.
To the maximum extent permitted by law, Trafexo's total aggregate liability arising out of or relating to the website, these Terms, any SOW, or any services will not exceed the fees paid by Client to Trafexo for the affected services during the three months immediately preceding the event giving rise to the claim.
To the maximum extent permitted by law, Trafexo will not be liable for any indirect, consequential, incidental, special, exemplary, punitive, or enhanced damages, or for lost profits, lost revenue, lost sales, lost opportunities, lost goodwill, loss of data, business interruption, increased advertising costs, platform penalties, or reputational harm, even if Trafexo has been advised of the possibility of those damages.
The limitations in this Section apply regardless of the legal theory, including contract, tort, negligence, strict liability, statute, or otherwise.
You agree to defend, indemnify, and hold harmless Trafexo and its directors, officers, employees, contractors, and representatives from and against third-party claims, damages, liabilities, penalties, losses, costs, and expenses, including reasonable legal fees, arising from your materials, products, services, offers, claims, instructions, website content, customer data, advertising accounts, platform use, breach of these Terms, violation of law, violation of third-party rights, or violation of third-party platform terms.
Trafexo will give you reasonable notice of any claim for which it seeks indemnity and will reasonably cooperate with your defence, at your expense.
Neither party will be liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, severe weather, fire, flood, labour disputes, war, terrorism, civil unrest, public health emergencies, government action, power failures, internet or telecommunications failures, cyberattacks, platform outages, vendor failures, payment network issues, or other events beyond reasonable control.
The affected party must use reasonable efforts to reduce the impact of the event and resume performance as soon as reasonably possible.
Trafexo may update these Terms from time to time by posting a revised version with a new "Last updated" date. Changes apply to website use after posting.
For ongoing client engagements, material changes to these Terms will not apply retroactively to an active SOW unless Trafexo gives notice and the change is permitted by the SOW or applicable law. Changes to these Terms do not change agreed fees, scopes, or timelines in an active SOW unless both parties agree in writing.
These Terms, the website, and all engagements with Trafexo are governed by the laws of Ontario, Canada and the federal laws of Canada applicable therein, without regard to conflict of laws rules.
The parties will try in good faith to resolve any dispute through informal discussion before starting court proceedings. Either party may give written notice of a dispute, and the parties will have 30 days after that notice to try to resolve it. This does not prevent either party from seeking urgent injunctive relief or taking action to collect undisputed unpaid amounts.
Subject to the informal resolution process above, any dispute arising out of or relating to these Terms, the website, an SOW, or Trafexo's services will be brought in the courts of Ontario, Canada, and each party submits to the exclusive jurisdiction of those courts.
If any part of these Terms is found invalid or unenforceable, the rest will remain in effect, and the invalid or unenforceable part will be interpreted as closely as possible to its original purpose in a valid and enforceable way.
A party's failure to enforce any part of these Terms is not a waiver of that party's right to enforce that part later. A waiver must be in writing and signed by the party giving the waiver.
You may not assign these Terms or any SOW without Trafexo's prior written consent. Trafexo may assign these Terms or an SOW to a successor in connection with a merger, acquisition, reorganization, sale of assets, or similar transaction.
These Terms, together with the applicable SOW and the Privacy Policy where relevant, form the entire agreement between the parties for the website and services covered by them. They replace prior discussions, proposals, or understandings about the same subject matter, except that an SOW controls over these Terms where the SOW expressly conflicts with them.
Questions about these Terms can be directed to:
Trafexo Inc.
401 Bay Street, Suite 1600
Toronto, ON M5H 2Y4
Canada